THE OCCUPATIONAL

SAFETY AND HEALTH ACT,

2007
OSHA
 Preamble:
• It is an Act of Parliament to provide for the
safety, health and welfare of persons
employed and all persons lawfully
present at workplaces.
Application
• This Act shall apply to all workplaces
where any person is at work, whether
temporarily or permanently.

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 Duties of Occupiers(6)
General Duty:
 Ensure the safety, health and welfare at work of all
persons working in his workplace
Specific Duties
• Provide and maintain safe plant, systems and
procedures
• Provide information, instruction, training and supervision
to ensure safety
• Safe access to and egress (exit) from the workplace
• Inform employees of risks of new technology and
imminent danger

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“plant” includes any equipment,
gear, machinery, apparatus or
appliance or any part thereof;

“workplace” includes, any land, premises,

location, vessel or thing, at, in, upon, or near
which, a worker is, in the course of
employment;
• Periodic and appropriate risk assessments and submit
reports to DOSHS.
• Register every workplace and worksite with DOSHS and
renew registration every year
• Prepare a safety and health policy statement
• Establish a safety and health committee if there are
twenty or more employees
• Safety and health audit of the workplace to be carried
out at least once every 12 months by a DOSHS
registered safety and health advisor
• Notify DOSHS of any accident, dangerous occurrence,
or occupational poisoning which has occurred at the
workplace
 Discrimination against employee (8)

 An employer must not dismiss, injure,

discriminate against or disadvantage an
employee, because the employee has
complained about what he/she considers
to be unsafe or a risk to his/her health.

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 Duty not to charge employees for things
done or provided (10)

 An employer must not make any

deduction from an employee's pay; or
deduct any charge in respect of anything
done or provided in compliance with
this Act.

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 Duties of Self Employed Persons
(12)
 A self employed person must take all
necessary safety and health measures
to ensure his/her own safety and health
and that of any other person in the same
workplace or in the surrounding.

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 Duties of employees (13)
 Ensure own safety and of others who may be affected by
his/her acts or omissions
 Cooperate with employer on matters safety
 Wear or use PPE provided at all times
 Comply with safety & health procedures and instructions
 Report hazardous situations which he can’t correct to
supervisor
 Report accidents or injury.
 Report cases of dangerous occurrence.
 Not to engage in any improper activity or behaviours
which may create or constitute a hazard e.g. fighting,
boisterous play
 Not to interfere with or misuse safety facilities
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 Notice of accidents and dangerous
occurrences (21)
(a) Where an accident results in the death
of a person, the employer or self employed
person must inform the nearest
occupational safety and health office
immediately by the quickest means
possible and in any case not later than
twenty-four hours of its taking place; and

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 …Notice of accidents

(b) Where a workplace accident does not

result in the death of a person the
employer must send a written notice of
the accident within and not later than
seven days of its taking place to the
nearest occupational safety and health
office.

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 Improvement Notices (36)

• An occupational safety and health

officer may issue an improvement notice
to a person found disobeying any of the
requirements under this Act.

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 Prohibition Notices (37)

May be issued,regarding any activities

being carried on in a workplace if the
occupational safety and health officer is of
the opinion that the work will involve a
risk of serious personal injury the officer
may issue a notice stopping the activities
with immediate effect

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 Registration of Workplaces (43)

Before any person occupies or uses as

a workplace any premises, that person
shall apply for the registration of such
workplace to the director.
The certificate of registration of a workplace
shall be renewed annually.

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 Safe use of Plant machinery and
equipment (55)
All plant, machinery and equipment at the
workplace or shall only be used for work,
which they are intended for and be
operated by an experienced person.

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 Examination of plant and
equipment.
• The following equipment should be
examined by Authorized /approved
persons at the prescribed intervals and
a report submitted to the Director(OSH)
1. Chains, ropes and lifting tackle-6
months.
2. Steam receivers-24 months.
3. Air receiver-24 months.
 Examination of plants……
4. Cylinders for compressed liquefied
and dissolved gases-
a.Cylinders for corrosive gases-2
years
b. Cylinders for other gases-5 years.
5. Refrigeration plants-12 months
6. Hoists and Lifts-6 months
 Fencing (60)
Every part of the transmission machinery
and every unsafe part of machinery,
must be strongly fenced unless it is in
such a position or of such construction as
to be as safe to every person employed.

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Hand Held and Portable Power Tools (59)

Every employer shall be responsible for

the safe condition of tools and
equipment used by his employees,
including tools and equipment, which may
be brought in to the place of work by the
persons employed.

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 Safe means of access (77)

• Floors, passages, gangways, steps,

stairs and ladders must be soundly
constructed and properly maintained, and
handrails must be provided for stairs.

• Ensure the safety of any person who is to

work at a place from which he would be
liable to fall more than three meters. e.g
by fencing
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 Fire (81)

• Occupier shall cause the means of

extinguishing fire to be prominently
displayed in clear locations within the
workplace.
• The contents of any workroom shall be so
arranged that there is a free passageway
for all persons to a means of escape in
the event of a fire outbreak.

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 Evacuation procedures (82)

• Every occupier of a workplace shall

design evacuation procedures to be
used during any emergency and have the
procedures tested at regular intervals.

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Safety in the Use of Chemicals (83)

Any person supplying distributing or

transporting or storing chemicals or other
toxic substances shall ensure that they
are packaged, conveyed, handled and
distributed in a safe.

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 Training and Supervision of
Inexperienced Workers (99)
A person must not work at any unsafe
machine or in any unsafe process
unless the person has been fully
instructed and trained as to the dangers
and safety measures.

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 Cleanliness (47)
• Every workplace must be kept clean.
• Accumulations of dirt and refuse must be
removed daily from floors, benches,
staircases and benches
• Floor of every workroom must be cleaned
at least once a week;
• Walls to be white washed every 12
months or oil painted every 5 year +
washed annually.
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 Overcrowding (48)

• There must be in each workroom at least

ten cubic metres of space for every
person employed, not counting space
more than four and a half meters from
the floor as well as any gallery.
• Every workroom (subject to any
exceptions allowed) must be at least
three metres height, measured from the
floor to the lowest point of the ceiling or of
roofing material where there is no ceiling 25
 Lighting (50)

There must be sufficient and suitable

lighting in every part of the workplace in
which persons are working or passing.

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 Drainage of Floors (51)

Where wet processes are carried on,

adequate means for draining the floor
must be provided.

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 Sanitary Accommodation (52)

Sufficient and suitable sanitary

conveniences, separate for each
gender (except in the case of workplaces
where the only persons employed are
members of the same family dwelling
there), must be provided subject to
conformity with any standards prescribed
by rules.

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Meals in Certain Dangerous Trades (100)

A person must not partake of food or

drink in workrooms where any
poisonous/hazardous substance is used.

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Protective Clothing and Appliances (101)

Suitable protective clothing and

appliances, including, where
necessary, suitable gloves, footwear,
goggles and head coverings, must be
provided and maintained for the use of
workers employed in any process
involving exposure to wet or to any
injurious or offensive substance.

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 Drinking Water (91)

An adequate supply of wholesome

drinking water must be provided.

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 Washing Facilities (92)

• Adequate and suitable washing facilities

must be provided and maintained.

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 Accommodation for clothing (93)

Adequate and suitable accommodation

for clothing not worn during working
hours must be provided.

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 Facilities for Sitting (94)

Suitable facilities for sitting must be

provided for all workers whose work is
done standing, sufficient to enable then
to take advantage of any opportunities
for resting.

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 First-aid (95)

In every workplace there must be provided

and maintained so as to be readily
accessible a first aid box or cupboard of
the prescribed standard.

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 Offences and General Penalty (108)

• General penalty – 300,000/= or 3months

imprisonment.
• In case of death – 1 million or 12 months
imprisonment.
• Forgery - 200,000/= or 6 months

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 OSH Rules
• Docks rules L.N 306/1962
• Eyes protection rules L.N 44/1978
• Building operations and works of engineering construction
rules L.N 40/1984
• Electric power special rules L.N 340/1979
• First aid rules- L.N 160/1977.
• Cellulose solutions rules L.N 87/1964
• Woodworking machinery rules-L.N 431/1959
• Health and safety committee rules-L.N 31/2004
• Medical examination Rules L.N 24/2005
• Noise prevention and control Rules L.N 25/2005
• Fire Risk Reduction Rules L.N. 59/2007
• Hazardous Substances Rules L.N. 60/2007
• OSH Fund Rules.
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THE END
 Typical Exam Question
1. What are the duties of Occupiers under OSHA 2007 (10 marks).
2. Read the Essay below and discuss provisions of the
Occupational Safety and Health Act (OSHA) 2007, the Work
Injury Benefits Act 2007 and the OSHA 2007 subsidiary
legislations that XYZ Ltd is contravening (20 marks).

(Essay provided separately)

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